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(#146-03/01/01)

Questions and Answers regarding 245(I) and who is "GRANDFATHERED." part 2


Q. I am a grandfathered alien. If I get married today to someone who also has children, are they grandfathered?

A. Yes. As long as you are married before your "adjustment of status" is approved, both your new husband or wife and children are also grandfathered.

Q. If the company that files the labor certification on my behalf goes out of business before I obtain my green card, am I still grandfathered?

A. Yes, as long as the application was approvable at the time it was filed.

Q. My mother filed a green card petition for me with the INS in January 2001 and I was physically present in the US on December 21, 2000. She died before the petition was approved. Am I still grandfathered?

A. Yes. As long as it was approvable at the time of filing you are grandfathered.

Q. I am a grandfathered alien. My child was 20 years old when the company filed a labor certification for me. What if my child turns 21 before I am able to adjust. Is my child over the age of 21 still grandfathered?

A. Unfortunately the child will not be able to get the green card with you if the child is over 21 years old. On the bright side, the child is grandfathered and would be able to use Section 245(i) in the future, if necessary.

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